ATTACHMENT 3 LEASE AND DEVELOPMENT OF VACANT LAND PALM BEACH INTERNATIONAL AIRPORT (RFP #PB 17-5) Entitlement Information/Process

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1 ATTACHMENT 3 LEASE AND DEVELOPMENT OF VACANT LAND PALM BEACH INTERNATIONAL AIRPORT (RFP #PB 17-5) Entitlement Information/Process Proposers are advised that the following assumptions are provided for informational purposes only. The County makes no representation regarding this information as to the truth, fact, accuracy or completeness, or sources thereof. Proposers shall have the duty to verify the accuracy of the information as contained herein. Land Use and Zoning Palm Beach International Airport (PBIA) is no longer governed as a Development of Regional Impact. There is an approved Airport Master Plan that identifies subsidiary development areas for airport and non-airport related uses. The subsidiary development area known as Parcel F is located west of Military Trail, east of Haverhill Road on the north and south side of Wallis Road. Parcel F-South is located south of Wallis Road. The Department of Airports is currently in the process of preparing a Plat Waiver application and a Required Improvements Waiver application to create three (3) parcels on the south side of Wallis Road (Specific Purpose Survey - Attachment 2 to this RFP). The parcels are RFS-1 (18.12 acres), RFS-2 (1.14 acres) and RFS-3 (13.19 acres) for a total of acres. The property offered as a part of this RFP is located on the south side of Wallis Road, which totals approximately /- acres in size ( Property ). The Property is under the jurisdiction of unincorporated Palm Beach County. Abandonments and Plat Waiver Update A Petition to Abandon road rights-of-way was filed with Palm Beach County Land Development in October This Petition is tentatively scheduled to be heard by the Board of County Commissioners for approval on June 20, The roadways to be abandoned include a portion of Wayne Road, a portion of Jules Street, a portion of Bertram Street, all of Lexington Avenue and a 17.5 foot wide alley south of and perpendicular to Bertram Street. The Petition also includes a portion of Cambridge Street located north of Wallis Road. Utility easements are being granted to FPL for existing facilities within Jules Street and on adjacent lots to connect existing service, and a utility easement is being granted to Palm Beach County Water Utilities for existing facilities located within Wayne Street. Road right-of-way for Wallis Road will need to be dedicated. The Plat Waiver application does not include the recently acquired Parcels (W- 138) and (W-306). These parcels are not included as they are not currently zoned PO (Public Ownership) as are the other County lots. In the past, the County parcels have been rezoned PO in bulk, however, the process is the same whether it includes bulk or several small isolated parcels. Permitted Uses The Palm Beach International Airport (PBIA) Airport Master Plan has been adopted into the Palm Beach County Comprehensive Plan. It includes the PBIA, the Property (Parcel F), and several subsidiary development parcels on the north side of Belvedere Road, the west side of Military Trail and south side of Southern Boulevard. PBIA is no longer governed as a Development of Regional Impact (DRI). All (except for recently acquired parcels) of the properties managed by the Department of Airports, including the subsidiary development RFP PB

2 ATTACHMENT 3 LEASE AND DEVELOPMENT OF VACANT LAND PALM BEACH INTERNATIONAL AIRPORT (RFP #PB 17-5) Entitlement Information/Process parcels, have a Public Ownership (PO) Zoning designation (Resolution # ) with a Utilities and Transportation (U/T) Future Land Use designation. Development of these properties is governed by the Airport Zoning Overlay (AZO) in the Palm Beach County Unified Land Development Code (ULDC). The AZO establishes the types of uses allowed within the Airport Master Plan. A copy of ULDC Article 3.B.2 Airport Zoning Overlay, including Table 3.B.2.B - Airport Use Regulations, is attached (see Exhibit A ). The AZO defines airport-related uses as those uses directly related to general airport operations or maintenance. Non-airport related uses are those not related to the operation and maintenance of the airport. Table 3.B.2.B- Airport Use Regulations identifies airport-related and non-airport related uses. The applicable development order approval process, along with the corresponding zoning district and Supplemental Regulations Note, is also indicated on the Table. 1) Entitlement Approval Process - Those uses indicated in the Table as a P are permitted by right and approved through the Building Permit process. Those uses indicated in the Table as a D are permitted subject to obtaining Site Plan Approval from the Palm Beach County Development Review Officer (DRO). Those uses indicated in the Table as an S are permitted subject to a Special Permit. Those uses indicated in the Table as an A or a B are Conditional Uses that are approved via a public notice process either by the Board of County Commissioners or the Zoning Commission. 2) Corresponding Zoning District PDRs These reference the corresponding zoning district for purposes of determining the applicable Property Development Regulations that apply for lot dimension, density, FAR, building coverage and setbacks. 3) Supplemental Regulation Notes These reference the supplemental use regulations specific to each use that are contained in Article 4.B.1 of the ULDC. It is likely that the Property will develop with non-airport related uses. Most uses classified as non-airport related will require review and approval by the Palm Beach County Development Review Officer (DRO), Zoning Commission or Board of County Commissioners through the applicable process indicated in Table 3.B.2.B- Airport Use Regulations. An overview of the entitlement processes is summarized below. Examples of anticipated non-airport related uses listed in the AZO include: Contractors Storage Yard Repair and Maintenance Recycling Center or Plant Manufacturing and Processing Vehicle Sales and Rental Warehouse/Flex Space Wholesaling/Flex Space RFP PB

3 ATTACHMENT 3 LEASE AND DEVELOPMENT OF VACANT LAND PALM BEACH INTERNATIONAL AIRPORT (RFP #PB 17-5) Entitlement Information/Process If determination of a use classification as airport related or non-airport related is necessary, please contact Jon MacGillis, Palm Beach County Zoning Director at (561) or jmacgill@pbcgov.org. Development Review Officer (D) Entitlement Process The process and time frame to pursue entitlement approvals from the DRO may take two (2) to three (3) months and is outlined as follows: The application is reviewed and the project must receive final technical approval from the Palm Beach County Development Review Officer (DRO). This is a staff level technical review and approval. Following DRO approval, building permit applications may be submitted. Alternatively, Palm Beach County has implemented a process whereby the final site plan review by the DRO can be done concurrently with the Building Permit Review through a Type II Concurrent Review. A pre-application meeting is strongly encouraged to discuss the request with County staff. Submission Requirements: A DRO application requires the following documents: 1) A completed General Application and Supplemental Application utilizing the Palm Beach County forms and format. 2) A Final Site Plan reflecting the proposed development program and design and complying with the requirements of the Palm Beach County Technical Manual 3) A boundary survey in compliance with State regulations (5J-17 and 472 Florida Administrative Code), dated signed and sealed within one (1) year of the submittal, which includes the following elements: Tied to State Plan coordinates; Reference to and mapping of any encumbrances as identified in a title abstract (such as an owner s encumbrance report, title commitment, or title search report) dated within one (1) year; The location of all existing buildings; and The location of all existing native trees with a diameter breast height (DBH) of 3 inches or greater and native palms with an overall clear trunk height of 8 feet or greater. 4) A Traffic Report addressing the proposed uses and intensity showing compliance with the County Traffic Performance Standards (TPS). Parcel F, including the Property, has Traffic RFP PB

4 ATTACHMENT 3 LEASE AND DEVELOPMENT OF VACANT LAND PALM BEACH INTERNATIONAL AIRPORT (RFP #PB 17-5) Entitlement Information/Process Concurrency approval for 15,000 square feet of pharmacy with drive-thru, 250,000 square feet of office, 374,000 square feet of industrial, 3,000 square feet of drive-in bank and 5,000 square feet of fast-food restaurant as iterated in the February 18, 2009 PBIA Properties Rezoning Traffic Performance Review Analysis approval letter (see Exhibit B ). Concurrency for alternate uses or intensities can be amended thru the Concurrency Equivalency process at the time of seeking an entitlement approval. 5) A Drainage Statement and utility statement addressing the proposed uses and intensity. 6) Architectural elevations and floor plans of the proposed building(s) complying with ULDC Article 5.C.1. Conditional Use Entitlement Process The process and time frame to pursue entitlement approvals for a Conditional Use takes approximately four (4) to six (6) months from the submission of the application to the final Zoning Commission (Conditional Use Class B) or Board of County Commission (Conditional Use Class A) consideration of the request. A Conditional Use Application is reviewed through a public hearing process. Notifications to surrounding property owners are sent and the application is considered at either one public hearing (Conditional Use Class B) or two public hearings (Conditional Use Class A). If the Conditional Use is approved, the project must receive final technical approval from the Palm Beach County Development Review Officer (DRO). This is a staff level technical review and approval. The information identified above is updated (if necessary) to address any conditions placed on the Conditional Use approval and submitted for final review. This process takes approximately two (2) additional months to complete. Following DRO approval, building permit applications may be submitted. Submission Requirements: A Conditional Use application requires the following documents: 1) A completed General Application and Conditional Use Application utilizing the Palm Beach County forms and format. 2) A Preliminary Site Plan reflecting the proposed development program and design and complying with the requirements of the Palm Beach County Technical Manual. RFP PB

5 ATTACHMENT 3 LEASE AND DEVELOPMENT OF VACANT LAND PALM BEACH INTERNATIONAL AIRPORT (RFP #PB 17-5) Entitlement Information/Process 3) A boundary survey in compliance with State regulations (5J-17 and 472 Florida Administrative Code), dated signed and sealed within one (1) year of the submittal, which includes the following elements: Tied to State Plane coordinates; Reference to and mapping of any encumbrances as identified in a title abstract (such as an owner s encumbrance report, title commitment, or title search report) dated within one (1) year. The location of all existing buildings; and The location of all existing native trees with a diameter breast height (DBH) of 3 inches or greater and native palms with an overall clear trunk height of 8 feet or greater. 4) A Traffic Report addressing the proposed uses and intensity showing compliance with the County Traffic Performance Standards (TPS) (see Exhibit B ). Parcel F, including the Property, has Traffic Concurrency approval for 15,000 square feet of pharmacy with drivethru, 250,000 square feet of office, 374,000 square feet of industrial, 3,000 square feet of drive-in bank and 5,000 square feet of fast-food restaurant as iterated in the February 18, 2009 PBIA Properties Rezoning Traffic Performance Review Analysis approval letter. Concurrency for alternate uses or intensities can be amended thru the Concurrency Equivalency process at the time of seeking an entitlement approval. 5) A Drainage Statement and utility statement addressing the proposed uses and intensity. (A Drainage Statement (see Exhibit C ) has been prepared for this site that addresses stormwater. A Conceptual South Florida Water Management District Stormwater Management Permit has been issued. With regard to utilities, Palm Beach Water Utilities serves this area and has existing facilities within Parcel F.) 6) Architectural elevations and floor plans of the proposed building(s) complying with ULDC Article 5.C.1. 7) Platting would not be required as the parcels are managed by the DOA. Platting would however, be required if proposed buildings were situated on the parcel line in which case a Lot Combination approval would be necessary. A portion of the Property supports naturally occurring native vegetation, primarily Slash Pine. Any development proposal affecting this area will be reviewed through the Palm Beach County Department of Environmental Resources Management. RFP PB

6 EXHIBIT A TO ATTACHMENT 3 Airport Zoning Overlay Updated May 3, 2017 RFP PB 17-5

7 CHAPTER B Section 1 OVERLAYS General A. Boundaries The boundaries of each overlay shall be depicted on the Official Zoning Map. B. Applicability The provisions of each overlay shall apply to all proposed development and expansion of existing uses within the overlay unless otherwise noted below. C. Relationship to Other Regulations in this Code The provisions of an overlay are intended to supplement the other regulations in this Code. D. Conflict with Other Applicable Regulations If a conflict exists between provisions of an overlay and other Articles in this Code, the provisions of the overlay shall prevail except where superseded by state or federal laws. Section 2 AZO, Airport Zoning Overlay A. Purpose and Intent The purpose and intent of the Airport zoning regulations is to promote the maximum safety of aircraft using publicly-owned airports, the safety of residents and property in areas surrounding the airports, and the full utility of the airports, including non-airport related uses. These regulations apply to properties around publicly owned airports in PBC; and uses located on the Airport Master Plans required by Plan Objective TE 1.7. [Ord ] B. Applicability 1. Off-Airport Uses For those properties around publicly owned airports, the provisions of the Airport zoning regulations create zones, based on the approach and departure pattern of aircraft, and regulate the height of structures and the use of land within these zones. The Airport zoning regulations for properties around publicly owned airports are contained in Art. 16, Airport Regulations. [Ord ] 2. Uses on Airport Properties The provisions of this Section shall apply to airport-related and non-airport related uses within the boundaries of the Airport Master Plans for those parcels with a U/T Land Use designation and in the PO district for the four County-operated airports identified as follows: PBIA, PBC Glades Airport, PBC Park Airport (aka Lantana Airport), and North Palm Beach County General Aviation Airport. Development of these airports shall be in accordance with the Airport Master Plans as required by Plan Objective TE 1.7, Future Airport Expansion. [Ord ] a. Use Regulations 1) Airport-Related Uses Airport-related uses are directly related to general airport operations and maintenance including, but not limited to, maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels, airport administrative offices, and communication facilities, as well as uses found within the terminals, including, but not limited to, restaurants, general retail sales and personal services. [Ord ] 2) Non-Airport Related Uses Non-airport related uses are not related to the operation and maintenance of the airport, and can coexist in close physical proximity to airports and their related facilities. Non-airport related uses are additional uses that are encouraged by the Federal Aviation Administration (FAA) to generate income to help offset the costs of operating the airport and are compatible with surrounding development. These uses may include, but are not limited to, commercial, public and civic, recreation, agricultural, utilities and excavation, and industrial uses, but more specifically including, but not limited to, professional, business, and medical offices, retail centers, restaurants and hotels. [Ord ] 3) Prohibited Uses Prohibited uses include adult entertainment and billboards. [Ord ] [Ord ] 4) Specific Use Regulations The following uses are permitted in the AZO on airport properties: [Ord ] Unified Land Development Code Supplement No. 21 (Printed 05/17) Article 3 - Overlays & Zoning Districts 20 of 218

8 Use Type Table 3.B.2.B - Airport Use Regulations Airport Related Uses Non-Airport Related Uses Corresponding Zoning District PDRs (1) Note (2) Use Applicable to Specific Airport Residential Uses Caretaker Quarter S S CG or IG All Commercial Uses Auction, Indoor D CG 2 All Auction, Outdoor A CG 2 All Car Wash D CG or IL 4 All Catering Service P D CG or IL 5 All Cocktail Lounge P A CG 6 All Convenience Store D CG 7 All Dispatching Service P D CG 8 All Dog Daycare P D CG 9 All Financial Institution P P CG 10 All Financial Institution with Drive Thru Facilities P D CG 11 All Financial Institution Freestanding ATM P D CG 12 All Gas and Fuel Sales, Retail A CG 15 All Hotel or Motel, P D CG 17 All Kennel, Type 2 (Commercial) P D CG or IG 18 All Kennel, Type 3 (Commercial Enclosed) P D CG or IG 19 All Landscape Service D CG or IL 20 All Laundry Service D CG or IL 21 All Medical or Dental Office P D CG 23 All Office, Business or Professional P D CG 25 All Parking, Commercial P D CG or IL 26 All Pawnshop A CG 27 All Personal Services P D CG 28 All Repair and Maintenance, Heavy P A CG or IG 29 All Repair and Maintenance, Light P D CG or IG 30 All Repair Services, Limited P D CG or IG 31 All Restaurant, Type 1 P A CG 32 All Restaurant, Type 2 P D CG 33 All Retail Sales P D CG 34 All Retail Sales, Mobile or Temporary S CG or IG 3 All Self-Service Storage, Limited Access D CG or IG 36 All Self-Service Storage, Multi Access D CG or IG 36 All Single Room Occupancy (SRO) P A CG 37 All Vehicle Equipment Sales and Rental, Heavy A CG or IL 39 All Vehicle Sales and Rental, Light P B CG or IL 40 All Veterinary Clinic P D CG or IL 41 All Vocational P D CG or IG 42 All [Ord ] [Ord ][Ord ] [Ord ] [Ord ] [Ord ] (This space intentionally left blank) Unified Land Development Code Supplement No. 21 (Printed 05/17) Article 3 - Overlays & Zoning Districts 21 of 218

9 Use Type Table 3.B.2.B - Airport Use Regulations Airport Related Uses Non-Airport Related Uses Corresponding Zoning District PDRs (1) Note (2) Use Applicable to Specific Airport Institutional, Public and Civic Uses Nonprofit Assembly Institutional D D CG 10 All Nonprofit Assembly Membership D D CG or IL 11 All Place of Worship D CG 13 All Government Services P P CG or IL 7 All Hospital A CG 9 All Entertainment, Indoor P D CG or IL 3 All Entertainment, Outdoor P PO 4 All Fitness Center P D CG or IL 5 All Golf Course D CG or IL 6 All Park Public P CG or IG 9 All Park, Neighborhood P CG or IG 7 All Prison, Jail or Correctional Facilities P A CG or IL 14 All Recreation Uses Arena or Stadium or Amphitheater P A CG 1 PBIA Park, Passive P P CG or IL 8 All Agricultural Uses Agriculture, Bona Fide P IL 1 2 Agriculture, Light Manufacturing P IL 2 2 Agriculture, Packing Plant P IL 3 2 Agriculture, Research/Development P IL 4 2 Agriculture, Sales and Service P IL 6 2 Agriculture, Storage P IL 7 2 Community Vegetable Garden P CG or IL 10 2 Nursery, Retail D CG 13 All Shadehouse P IL 17 2 Utilities / Excavation Uses / Commercial Communication Towers Air Curtain Incinerator D CG or IG All Chipping and Mulching D IG 1 All Commercial Communication Towers, P D CG or IG All Composting Facility D IG 2 All Excavation, Type 2 P P CG or IG 4 All Recycling Center D D CG or IG 11 All Minor Utility P D CG or IG 7 All Transportation Uses Airport P PO 1 All Heliport P A CG or IL 2 All Transportation Facility B B CG or IG 5 All [Ord ] [Ord ] [Ord ] [Ord ] [Ord ] [Ord ] (This space intentionally left blank) Unified Land Development Code Supplement No. 21 (Printed 05/17) Article 3 - Overlays & Zoning Districts 22 of 218

10 Use Type Table 3.B.2.B - Airport Use Regulations Airport Related Uses Non-Airport Related Uses Temporary Uses Corresponding Zoning District PDRs (1) Note (2) Use Applicable to Specific Airport Communication Cell Sites on Wheels (COW) Tower, Mobile P P CG or IG All Recycling Drop-Off Bin D D CG or IG All Special Event P S CG or IL All Industrial Uses Asphalt or Concrete Plant P D IG All Contractor Storage Yard D IG 1 All Data and Information Processing P D CG or IG 2 All Distribution Facility B B CG or IG 3 All Multi-Media Production D CG or IG 10 All Gas and Fuel, wholesale P D IG 5 All Research and Development D IG 13 All Manufacturing and Processing P D IG 8 All Medical or Dental Laboratory D CG or IL 9 All Recycling Plant P D IG 12 All Warehouse P D IG 17 All Wholesaling, General P D IG 18 All [Ord ] [Ord ] [Ord ] Notes: (1) For purposes of determining the applicable property development regulations for non-airport related uses, the Corresponding Zoning District s property development regulations identified in Table 3.D.1.A-5, Property Development Regulations shall apply for lot dimension, density, FAR, building coverage and setbacks. (2) Reference Art.4, Use Regulations for additional Supplementary Use Standards. [Ord ] Key P Permitted by right D Permitted subject to approval by the DRO S Permitted only if approved by special permit B Permitted only if approved by the Zoning Commission (ZC) A Permitted only if approved by the Board of County Commission (BCC) 1 Palm Beach International Airport (PBIA) 2 PBC Glades Airport 3 PBC Park Airport (aka Lantana Airport) 4 North PBC General Aviation Airport PBIA, PBC Glades Airport, PBC Park Airport (aka Lantana Airport), North PBC General Aviation Airport 5) Development Review Procedures The approval process for airport and non-airport related uses shall be in accordance with the above Table 3.B.2.B, Airport Use Regulations and Art. 2, Development Review Process. It is not necessary for the parcels to be rezoned. [Ord ] a) Development Requirements Only airport-related uses owned, operated or directly regulated by the DOA or other governmental entity shall be eligible for PO district exemptions. Examples of these uses include tenants leasing space in airport terminal or other related service facilities. Leased land areas used for non-airport related development, including vehicle rental, restaurants, hotels and other non-airport related uses, shall be subject to applicable ULDC requirements. [Ord ] b) Development Exceeding PDD or TDD Design Thresholds Any such development that meets or exceeds the maximum square footage thresholds of Table 3.B.2.B, PDD or TDD Design Thresholds, shall be subject to either the property development regulations of a PDD or TDD. The DOA shall be responsible for determining which specific PDD or TDD shall apply. It is not necessary for the parcels to be rezoned. [Ord ] Unified Land Development Code Supplement No. 21 (Printed 05/17) Article 3 - Overlays & Zoning Districts 23 of 218

11 Table 3.B.2.B - PDD or TDD Design Thresholds Use Maximum Square Footage (sf) Commercial 50,000 Public and Civic 50,000 Recreation 50,000 Utilities 50,000 Industrial 100,000 [Ord ] c) Other Development All other development shall be in accordance with the property development regulations for the corresponding Zoning districts indicated in Table 3.B.2.B, Airport Use Regulations. [Ord ] d) Other Requirements All proposed Airport-Related and Non-Airport Related Uses must be developed in accordance with all applicable Federal and State guidelines, regulations and requirements, as amended, including but not limited to all Federal Aviation Regulations (F.A.R.), FAA Advisory Circulars, and all FAA Orders, as well as all applicable Florida Statutes and Florida Department of Transportation guidelines. [Ord ] e) Conflict with Other Applicable Regulations Where the provisions of this Section are in conflict with other regulations applicable to this district, the provisions of this Section shall prevail. Where provisions of the AZO district are not in conflict with other applicable regulations, the most restrictive regulations shall prevail. [Ord ] Section 3 COZ, Conditional Overlay Zone A. Purpose and Intent A COZ district is to modify or restrict the use and site development regulations authorized in the underlying standard zoning district to prevent, minimize or mitigate adverse impacts upon the surrounding land uses. Conditions shall be included if the applicable regulations are inadequate to protect the surrounding land uses. Requirements of the COZ district are in addition to and supplement other applicable requirements of this Code. [Ord ] B. Boundaries The boundary of the COZ is applied to the property considered for rezoning. [Ord ] C. Applicability The provisions of the COZ shall apply to lands in unincorporated PBC pursuant to BCC approval. In application of the COZ, the BCC shall find that the proposed rezoning is appropriate only if the applicable regulations are modified. The BCC shall find one or more of the following reasons for the COZ district: [Ord ] 1. potential impact to surrounding land uses requires mitigation; 2. compatibility will be furthered between the requested zoning district and adjacent zones if uses and property development regulations (PDRs) are modified; and/or 3. intensity limits reflect available capacity of public facilities. D. District Regulations Restrictions which may be imposed in the COZ district include: limitations on uses, size, height, bulk, mass, scale and location of improvements, standards for landscaping, buffering, lighting, adequate ingress and egress, on-site or off-site improvements; hours of operation; and any other specific site development regulations required or authorized by this Code. E. COZ 1. Process During the Zoning review process, the property owner shall either: [Ord ] a. apply for a COZ overlay; or [Ord ] b. voluntarily agree to a COZ overlay recommended by staff for the property being considered for rezoning. [Ord ] 2. Authority The COZ authorizes specific development restrictions, including but not limited to, traffic performance standards; use limitations, etc. to proactively address potential incompatibilities with the adjacent properties. The BCC may impose conditions of approval to address these restrictions. [Ord ] Unified Land Development Code Supplement No. 21 (Printed 05/17) Article 3 - Overlays & Zoning Districts 24 of 218

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